Good day Marina. In accordance with Article 9.Federal Law of July 27, 2006 N 152-FZ (ed. From 07.21.2014) "On Personal Data"
article 9 Consent of the subject of personal data on the processing of its personal data
1. The subject of personal data decides on the provision of its personal data and agrees to process them freely, by its will and in its interest. Consent to the processing of personal data should be concrete, informed and conscious. Consent to the processing of personal data may be given by the subject of personal data or its representative in any allowing to confirm the fact of its preparation, unless otherwise established by federal law. In case of obtaining consent to the processing of personal data from the representative of the subject of personal data, the powers of this representative for the country's agreement on behalf of the personal data entity are checked by the operator.
2. Consent to the processing of personal data may be withdrawn by the subject of personal data. If the subject of personal data is reviewed, the operator is entitled to continue processing personal data without the consent of the personal data entity in the presence of the grounds specified in paragraphs 2-11 of Part 1 of Article 6, paragraph 2 of Article 10 and Part 2 of Article 11 of this Federal Law.
3. The duty to provide proof of obtaining the consent of the subject of personal data on the processing of its personal data or proof of the presence of the grounds specified in paragraphs 2 - 11 of Part 1 of Article 6, part 2 of Article 10 of Part 2 of Article 11 of this Federal Law, is assigned to the operator.
4. In cases stipulated by the Federal Law, personal data processing is carried out only with the consent in writing the subject of personal data. Equivalent to a personal data containing the personnel signature agreement in writing on paper recognized agreement in the form electronic document, signed in accordance with the Federal Law of an electronic signature. Consent in writing the subject of personal data on the processing of its personal data should include, in particular:
1) last name, first name, patronymic, address of the personal data entity, the number of the main document certifying his personality, information about the date of issuance of the specified document and issued it by the authority;
2) Surname, Name, Patronymic, address of the representative of the Personal Data Subject, the number of the main document certifying his personality, information about the date of issuance of the specified document and issued its authority, details of a power of attorney or other document confirming the powers of this representative (upon receipt of consent from the representative of the subject personal data);
3) the name or surname, name, patronymic and address of the operator who receives the consent of the subject of personal data;
4) the purpose of processing personal data;
5) a list of personal data, on the processing of which is the consent of the subject of personal data;
6) the name or surname, name, patronymic and address of the person handling personal data on the instructions of the operator if the processing is assigned to such a person;
7) a list of actions with personal data, which is consent to the commission general description used by the operator methods of processing personal data;
8) the period during which the consent of the subject of personal data is applicable, as well as the method of its revocation, unless otherwise established by federal law;
9) Signature of the subject of personal data.
5. The procedure for obtaining an electronic document consent of the subject of personal data on the processing of its personal data in order to provide state and municipal services, as well as services that are necessary and mandatory for the provision of state and municipal services, is established by the Government of the Russian Federation.
6. In case of incapacity for the subject of personal data, consent to the processing of its personal data gives a legal representative of the subject of personal data.
7. In the event of the death of the subject of personal data, the consent to the processing of its personal data gives the heirs of the subject of personal data, if such consent was not given to the subject of personal data during his life.
8. Personal data can be obtained by an operator on behalf of a person who is not subject to personal data, subject to the provision of confirmation to the presence of the grounds specified in paragraphs 2 - 11 of Part 1 of Article 6, Part 2 of Article 10 and Part 2 of Article 11 of this Federal Law.
Your data can be used and verified (processed) only with your personal consent, and revoked the same way. Using your data without your consent may entail criminal liability under Article 159 of the Criminal Code of the Russian Federation
1. Fraud, that is, the embezzlement of someone else's property or the acquisition of the right to someone else's property by deception or abuse of confidence
- punished with a fine of up to one hundred twenty thousand rubles or in the amount of wages or other income convicted for the period up to one year or mandatory work for up to three hundred and sixty hours or correctional work for a period of up to one year or the restriction of freedom for up to two years, or forced work for up to two years, or arrest on term up to four months or imprisonment for up to two years.
Passport details that contain information about the owner have always tried to get fraudsters. Today, thanks to new technologies, criminals who have the data of the passport owner can cause material damage to a person. Many lawyers argue that fraud with a copy of the passport is distributed in Russia and other CIS countries, therefore it is worth being vigilant and keep their data secret. Let's figure out what fraudsters can make a copy of the passport, what are the options for using this information to criminals and how real is this possibility at all. This is further about it.
What can fraudsters make a copy of the passport?
The fraudster does not necessarily have the original passport, it is enough to have only a photocopy. You can also with any other way to seize the data that is not enough challenging task. Note that the use of the received information fraudsters can immediately, but can wait some time. In any case, for the owner of the document, this may end material damage.
Of course, maybe different conditions For the implementation of the crime, however, if circumstances are favorable for the criminal, he will be able to:
- Get a bank loan.
- Repair real estate.
- To manage bank cards.
- Register the company.
- Debt commitments.
- Get the legal duplicate of the document, which will further allow it to carry out fraudulent actions.
- Perform any actions on the Internet on behalf of the owner of the document.
The main situations are listed here, however, the fantasy of foams is constantly developing, so the sophisticated ways of using personal information cannot be excluded. In any case, fraud with personal data of a citizen is aimed at the absence of a person's vigilance, a negligent handling of a passport, trust and inattention.
Is it possible to take a loan on a photocopy of a passport?
Getting a loan for someone else's passport or photocopy is one of the most common types of fraud, which can be checked if there is a photocopy. However, to carry out such a crime, it is necessary to have connections in the jar. Most often, it is enough to just enter into collusion with an employee of the bank, which will close the eye on the fact that a person upon receipt of the loan provides no document. The owner will then be difficult to prove its innocence, and it will be necessary to prove during the trial with the bank.
Speaking about what scammers can make, having a copy of the passport, it is worth paying attention to the fact that today there are companies that are online can provide loans to their client. For loan design, just a copy of the document is enough.
Opening firm
When registering any enterprise, the provision of passport data is required. By providing a copy of someone else's passport, it is possible to place a company on a person with some more likely that does not suspect anything. Next, you can do anything with the company, because all the problems with the tax will be slandering on the shoulders of a person who tried tritely. In essence, he will be the owner of the fake business. It is a passing, because it makes no sense to open the company on the third face just like that. Always such firms are used to conduct fraudulent actions. Naturally, sooner or later the firm will close, and in relation to its leadership will be conducted. The person on whom she was framed (victim) will suffer in the first place. This is what the use of passport data by fraudsters can lead, but this is not all.
Other options
also in judicial practice There are quite many cases of fraudulent renewal of real estate or cars. It is also used conventional copies documents.
In some cases, the owners are generally unable to return their property or prove that he did not take a bank loan. This may require years of trial, and not the fact that the court will justify the victim. The fraudsters themselves, most likely, will not find.
Certified copy of passport
Legal power acquires a certified copy of the passport. In those places where a copy of the document is not taken at all, a photocopy of passport certified in the notary can accept. Therefore, when handing copies, it is necessary to monitor the same carefully, as well as for the passport itself. The loss of such a document can be equated to the loss of the passport itself, because it has legal strength.
From here there is an idea for a new fraud: fraudsters can collect copies of passports, assure them from notaries and more successfully use them in their schemes. Of course, for this you need to have a familiar notary, which will assure such copies. However, it is unlikely that there is so stupid notary that will be similar to doing. It is easy to calculate and attract responsibility.
Methods for obtaining data
Many will be interested to know how fraudsters can get a copy of the passport. Meanwhile, there are a lot of ways to do this, but the most common one is a conspiracy with firms that provide photocopy services. Therefore, by contacting some office where you will make a photocopy for a penny, there is always a chance to leave your data to fraudsters.
Already this copy will be enough to register in online games, opening an electronic wallet, creating account On dating sites, etc.
Also, copies of passports have large companies With its own database: banking institutions, mobile operators, collectors, etc. The leakage of information is possible even in those institutions that enjoy the confidence of their customers. It all depends on the employee alone, which has access to the database.
Also, a copy is required for a tourist trip - its operator sends to his head office. Obtaining a payment system certificate, domain name registration, etc. - All these operations require confirmation of the person with just a copy of the document.
Therefore, there are many ways as fraudsters get passport data, so it's not worth it. And although there is a special law "On the Protection of Personal Data", many companies do not sway to sell passport details to third parties, because to prove the fact of selling such information is extremely difficult.
Methods to secure
It is impossible to protect yourself at 100%. Alternatively, you just need to follow the actions of the person you provide your passport. And if you need to make a photocopy, it is important to ensure that the person "accidentally" did not make an excess copy. If I did it, then let either give it to you or tear into parts in your presence.
If there is at least the smallest suspicion that your passport data is trying to use, then you need to contact the law enforcement agencies. And even if the fraudsters manage to arrange a loan on you, then you can easily prove that the loan is not made you, but fraudsters. An application to the police indicating a specific date will be excellent confirmation. The fraudster threatens the punishment in the form of imprisonment, but a specific term depends on the severity of the crime and the degree of damage.
In general, you need to always keep your passport with you, you can not allow anyone to photograph it and even more so lose.
Finally
Now you know that scammers can make a copy of the passport, and maybe you will be more careful about this document and its photocopy. However, in judicial practice, many cases when the victim was justified, because the consequence is quite easy to check whether his signature is under the contract concluded between him and the bank.
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Scammers use my passport details
Scammers are deceiving people, while provide my passport details. In August, in August, in August, I was looking for a loan on the Internet and sent a photo of myself with a passport, as in the end it turned out to be fraudsters. Today I wrote to me who was deceived by 10,000 rubles, giving her my photos with a passport and acted, allegedly, from my name. What to do? Go changing your passport or write a statement to the police?
Answers lawyers
Best answer
Vladimir (02.21.2017 at 11:43:50)
Good day! Please inform the site to which you sent a scan passport still works? Correspondence with this girl stayed with you? You sent to the site or someone on EL. mail passport?
Anatoly K. (02/19/2017 at 23:56:34)
Hello, essentially given the question you can explain the following: Of course, you first need to write a statement to the police on this fact. You do not need a passport, just no need. In these actions of unidentified persons, signs of the crime provided for by Art were seen. 159 of the Criminal Code, since they contain signs of deception, that is, the impact on the will, the consciousness of the victim by bringing to his attention, knowingly false information, distortion of reality, etc. That these acts form the composition of the name of the right rule indicates and their subjective The party, which includes directly intent: An attacker is aware of the nature of the act, foresees adverse effects for the victim and wishes that these consequences come. In addition, the fraudster pursues the mercenary goal - to take possession of the property of the victim, in this case, cash and orders them at its discretion. For a long time, law enforcement officers are not surprised by the statements of citizens on the fact of illegal actions of a fraudulent nature by unidentified persons and has long been worked out by the algorithm of investigating such acts, in stock and improved those. Means contributing to the identification of the yulika and its location is carried out by the operational path of contacting persons, etc., so do not hesitate and go uniquely to the police. For this fact, the refusal material will not be definitely a criminal case will be initiated.
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Timofeev Ivan Aleksandrovich (02/20/2017 at 05:19:01)
Good day!
In relation to the girl, the actions provided for Art. 159 of the Criminal Code of the Russian Federation Fraud Tue. Theft of someone else's property by deception or abuse of confidence. She needs to contact the police. With regard to you, the illegal use of personal data Article 13.11 of the Codecha of the Russian Federation is responsible for citizens from 300 to 500 rubles. A copy of the passport, if it is not certified properly, does not have legal force. You need to apply for a statement to the police that unidentified persons use your personal data to commit a crime. There is no point in changing the passport. The copy does not bear legal force, if not certified properly, i.e. notarious. These are the frivolity of citizens who are being conducted on the tricks of scammers, you are not responsible for this. On the site on the Internet you can report information of a warning character .. To do this, contact the police. I would be grateful for assessing the answer [Email Protected]
Sergey Zubkov (02/20/2017 at 05:29:56)
Hello. You don't have to change your passport. Contact the police necessarily. These are fraudsters. They lure people with small percentages and other "profitable" for a lender terms. As a result, trusting people are either deprived of their savings, or it turns out that they took a loan. Never ask anything on the Internet and do not conclude any transactions. Do not give your passport details, especially its photocopy. Please help feedback.
Marina Nikolaevna (02/20/2017 at 09:52:03)
If you learned your passport details, write to the police about, and what to do with it now, put it, as they say, on the shelf. You will have a certificate of lice on your hands and no bank can hang on you. For more tranquility, serve through any bank application to the Bureau of credit stories about your loans you have and if there are others, then contact these banks with claims immediately until they started to shake you. As soon as the fraudsters were able to take possession of personal data from the passport, they can immediately take advantage of this opportunity for their mercenary purposes. Using human passport data, it is possible to place a bank loan; dial debts; take an apartment; perform fraud on the Internet; register a company; get a duplicate documents for various transactions; manage credit or telephone cards; carry out other illegal actions. Fraudsters take a loan on other people's passports. Fraud with passport data is most often carried out in order to design a loan in the bank. This is possible thanks to the joint efforts of the scams themselves and the bank employee. There are already many cases when people have become a hostage to such a situation and now that they have never issued. Often, people have to learn that their data were taken to register an enterprise and various frauds are carried out through them. As a rule, with the help of a copy of the passport, a person's personality is appointed to the leading position of the company. Then a person can be held accountable and will be responsible for all actions that have been perfect by fraudsters within this company. After committing unlawful actions from fraudsters, a regular citizen can sue their actions. The process of settling its rights can delay for a long time. To do this, you will have to spend a lot of strength and time so that ultimately prove your innocence. The trial can stretch for several years for which a person can lose stability, financial income, real estate and get unbearable loan payments. Keep your passport as a zenitsa of an eye from prying eyes !!!
The loss of a person who certifies the identity may carry serious consequences if he falls into the hands of a detractor. So one day you can get a call or notice that you have for last month Loan debt you should pay off, while you have never taken a loan, or they took, but this is certainly not your credit. In this article we will talk about how other people's passport details are used than it can be dangerous, and how to protect yourself.
Illegal use of passport data
Let's start with the fact that without passport data it is impossible to conclude a major transaction, to make a loan, etc. In this case, these data are individual and refer to a specific person, in which case this data has a detractor can take advantage of this. But how does this happen?
In any bank, usually do this passport is realistic belongs to a person who wants to get a loan. Watching the photo in the passport, look at a person - the same face - we make a loan, if not, then no. What is the likelihood that the employee will not notice the fact that the passport belongs to another person? Most likely, the minimum, especially if the passport belongs, for example, a thirty-year-old woman, and a man of adults came to the bank. How then fraudsters make loans? This may happen in fast money, where they give loans to everyone in a row, but at the same time, and there often can verify a photo with a passport. Then we can say that the loan is issued with the help of familiar persons, which means the existence of a whole criminal scheme.
It is worth saying that this is probably not possible to make this bank, after all, this is a larger organization, it is possible to find out what kind of employee issued a loan, and if everything becomes known, the employee will be minimized, and the maximum can make a criminal case for him. In this regard, most likely in the usual bank loan in this way will not appear that with worse for a person whose data were illegally used by fraudsters. Why is it worse? Because, firstly, if you take a loan to your will be addressed by increased interest and in the worst situation when it does not work to prove that the loan is not yours, you will have to pay considerable money. Secondly, in dubious firms, it may not be any important data that will help you prove that your data illegally used, for example, in the report may not be the name of the employee who issued a loan.
It was a simple example, now we will try to figure it out more widely. So, if the passport was stolen, lost, or the same thing happened with its data, then if the data fall into the hands of ill-wishers, many different fraudulent schemes can be used with it. For example, a fraudster can use bank cards, phone numbers, etc., carry out any transactions by making a copy of documents, issue real estate and even open a passing company. The fact that you can also take into loans in any microloans, we have already said.
How can you protect yourself
So, get important data from the passport fraudster can get a simple trialness of the victim. Ways to get passport details a bunch. For example, did you provide passport details in any even respected company, and what if the employee of this company is a fraudster? The company really does not have to use your passport data, but no one knows 100%, and whether their employee is a fraudster.
We are next, the data can be stolen by deception when, for example, you have found any site on the Internet where you need passport data. Here you should think about us many times, but is it worth introducing your passport details, if this is a large site of a well-known company, then worrying, most likely, there is no need to worry, but if this is a simple site that no one knows about, then it's better not to risk . In addition, it is worth aware of, and how appropriate to introduce your passport data at all, what are the reasons for entering passport data, for example, on the information website? In addition, many even large sites do not require passport data, where they would seem needed. For example, on banking sites, it is usually not required to enter passport data, since you already have a map in the idea, and on it you already want your account.
To the word about the Internet, it is also worth saying that before entering passport data, check several times, and rightly you are on the official website, it may be only a copy of it (such a phenomenon is called "phishing"). For example, you want a site to the Custniysite.ru website, and went to Chestnijsite.ru if you have noticed, one letter is replaced here, but on the sight of sites are quite similar, moreover, fraudsters could do absolutely the same design as official. All this is done exclusively in order to steal your personal data, or get a login and password to enter the original site, and this is fraught with wrestling of cash, any privileges, etc.
Problems with documents are found quite often, but many people neglect legal aid when issuing documents. As a result, people often turn to lawyers, but to some "miracle specialists" who promise to make official documents in one day, while the law provides for its certain orders and timelines.
Even when handling a lawyer, you should not believe everything at once, perhaps even in this structure you just want to "dilute" to cash. If a lawyer promises you to solve everything quickly, then you will also make sure of his words, also read Fresh regulationsThey will tell you the lawyer himself, check all the information. If, for example, the law states that the procedure requires, for example, the observance of certain conditions in the form of the term, for example, from 1 month, and the lawyer promises to do everything for 1 day, then a deception can clearly be here.
When contacting a lawyer, people usually visit the consultation, where the lawyer explains possible options Further actions, as a result of which a person himself can choose how to do it: act further, but based on the recommendations of the lawyer, or simply use the services itself of the same lawyer. It is clear that the first option seems cheaper, but it is not always the case, since the lawyer knows how to go through this procedure quickly and without excess costs, while a person sometimes acts simply, not understanding what he really does. Ultimately, the man in the street does not only spend more time, but in some cases he spends extra money, despite the fact that he did not pay for the lawyer's services.
If in some of the organizations you are asked to provide a photocopy of some kind of document, then it is better to make it yourself; The transfer of a document to remove the copy may result in its transmission to some fraudulent person. Originals of documents are better to always store at home, and not at work; If a banking organization employee ask to provide a passport for issuing a loan agreement, it is recommended to observe all manipulations with a passport with marginal caution and attentiveness; It is at the stage of registration of the contract most often there is a transfer of personal information to fraudulent individuals who are in collusion with bank employees. What if the passport has already been stolen if the passport details are already stolen if you have discovered the loss or theft of a passport, it is necessary to immediately report it to law enforcement agencies. As a rule, it can be limited to the application to the police. Info If, as a result of submission of an application to the police, the lost / stolen passport will be returned to you, you should not use it. Perhaps the attackers have already managed to use your passport details "by appointment" and therefore it will be better to change them. The second step will be submitted an application for the restoration of the lost document. After the passport is restored, it is recommended to contact the bank and make a request for a list of credit history. If someone managed to take a loan or microlo on you, it will be better to detect it at an early stage until the debt breaks down in geometric progression.
Where can I contact
We will analyze the most popular situation - taking loans with illegal use of your passport data. It's not always easy to prove your innocence here. To go to the organization itself is most often useless, as in some extent she may be interested, but she does not want to give her money, because the money was issued although not to you, then another person. Therefore, the victim is enforced to go to the court instance, or law enforcement agencies.
If you manage to prove your innocence, everything is fine, you got rid of the loan payment, and everything went alone, but successfully. If nothing has failed to prove, the loan will have to pay. The problem of evidence is also the fact that the loan can be issued via the Internet, where in the way, do not even need any passport details.
In any case, as soon as you lost your passport, it is better to immediately contact the police and declare that the passport is lost. First, you will quickly restore the passport, secondly, in case you still have the appearance of an unpleasant situation, you can prove that the passport was lost at that time and you do not have the concept of a decorated loan, a company, etc.
If you have some questions about legal issues, it is best to seek help to qualified specialists.
It is not necessary to pay money for these services, it is possible with your problem only to seek advice, where the lawyer explains the possible options for further actions, as a result of which a person himself can choose how to do it: to act further, but based on the recommendations of the lawyer, or simply take advantage of Services of the same lawyer.
It is clear that the first option seems cheaper, but it is not always the case, since the lawyer knows how to go through this procedure quickly and without excess costs, while a person sometimes acts simply, not understanding what he really does. Ultimately, the man in the street does not only spend more time, but in some cases he spends extra money, despite the fact that he did not pay for the lawyer's services.
Thus, if consultations are enough, and you understand that the procedure is not so complicated, then you may cope if a lawyer makes it clear that this case is not just enough, it is better to take advantage of its services. As a result, you will save money, nerves and time, which are just often and take away many procedures and processes related to legal activities.
Consultation of a lawyer or lawyer
With the occurrence of such a difficult situation, it is best to apply for legal assistance to qualified specialists. In this case, the evidence that must be gathered and submitted important importance. Given the fact that in this case it can be important every day, it is necessary to do quickly, which means you need to understand what you can provide, what evidence will be to have the power and taken into account. A common personOf course, it may collect evidence, but it will be willing it, rather, at random, as it does not know what exactly needs to be provided. In addition, he may take a long time for the collection of all evidence, while a lawyer understands that one confirmation, of course, will be accepted by the court into account, but it may be, for example, not enough to successfully complete the case. In the end, the lawyer will be able to collect enough evidence (with the possibility of collecting them), and help win a concrete business. In addition, it is worth saying that lawyers can immediately say that this case is likely to lose and complete it in favor of themselves may not succeed, so you will at least save time and cash in court processes. It is also worth mentioning that intelligent lawyers understand that a concrete case may not be able to win, but it will work at least to achieve best conditions Loss, when, for example, it will be possible to pay a smaller amount of cash, reduce the punishment, etc.
Important! For all questions when you illegally use the passport, if you do not know what to do and where to contact:
Call 8-800-777-32-63.
Or you can ask a question in any blurring window, so that a lawyer needs to answer your question as quickly as possible and advise.
Lawyers and lawyers who are registered on Russian legal portalwill try to help you from a practical point of view in the current issue and will advise you for all the questions.